Architecture and Public Policy

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CIS explores how changes in the architecture of computer networks affect the economic environment for innovation and competition on the Internet, and how the law should react to those changes. This work has lead us to analyze the issue of network neutrality, perhaps the Internet's most debated policy issue, which concerns Internet user's ability to access the content and software of their choice without interference from network providers.

David S. Levine is an Associate Professor of Law at Elon University School of Law and an Affiliate Scholar at the Center for Internet and Society at Stanford Law School (CIS). He is also the founder and host of Hearsay Culture on KZSU-FM (Stanford University), an information policy, intellectual property law and technology talk show for which he has recorded over 190 interviews since May 2006. Hearsay Culture was named as a top five podcast in the ABA's Blawg 100 of 2008 and can be found at http://hearsayculture.com.

Thomas Lohninger is a digital rights advocate in Europe mainly focused on net neutrality and surveillance. Together with the SaveTheInternet.eu campaign he coordinated the civil society efforts to push pro net neutrality safeguards within the european telecom single market regulation. He is an expert in the field of net neutrality and worked as Policy Analyst for European Digital Rights.

Andrew McLaughlin is a technology law and policy nerd. He is Executive Director of Civic Commons, a new non-profit that help cities and other governments share and implement low-cost technologies to improve public services, management, accountability, transparency, and citizen engagement. He is also a director of Code for America.

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As a new presidential administration takes over, it will need to pay significant attention to cybersecurity. Indeed, we’ve already been told to expect “a comprehensive plan” for cybersecurity in the first few months of the new administration.

The presidential campaign of 2016 thankfully – and we can only hope officially – ended this evening. As of when this article was posted, there are no reports of widespread cyberattacks or other digital interference against state voting systems. Of course, since votes are still being tallied, we’re not in the clear yet. But current indications are that this was a fairly uneventful election, from a cybersecurity perspective at least.

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This week, the House will vote on H.R. 1644, introduced by Rep. Mike Doyle, which would reinstate the net neutrality protections of the FCC’s 2015 Open Internet Order as of January 19, 2017. H.R. 1096, a competing measure introduced by Rep. Cathy McMorris Rodgers, purports to restore the Open Internet Order’s rules against blocking, throttling, and paid prioritization, as well as the transparency rule.

Both bills have been touted as means to restore comprehensive net neutrality protections for all Americans.

In the leadup to the FCC's historic vote in December 2017 to repeal all net neutrality protections, 22 million comments were filed to the agency.

But unfortunately, millions of those comments were fake. Some of the fake comment were part of sophisticated campaigns that filed fake comments using the names of real people - including journalists, Senators and dead people.

Reconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies.

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Comcast Corp. v. FCC is a 2010 United States Court of Appeals for the District of Columbia case holding that the Federal Communications Commission (FCC) does not have ancillary jurisdiction over Comcast’s Internet service under the language of the Communications Act of 1934. In so holding, the Court vacated a 2008 order issued by the FCC that asserted jurisdiction over Comcast’s network management polices and censured Comcast from interfering with its subscribers' use of peer-to-peer software.

In 2005, on the same day the FCC re-classified DSL service and effectively reduced the regulatory obligations of DSL providers, the FCC announced its unanimous view that consumers are entitled to certain rights and expectations with respect to their broadband service, including the right to:

"Eshoo and her copanelists, Federal Communications Commissioner Jessica Rosenworcel, Reddit CEO Steven Huffman, and Stanford law professor Barbara van Schewick, remained doggedly optimistic about the future of net neutrality in the United States."

"Van Schewick argued that the motivation for removing net neutrality rules came largely from ISPs looking to capitalize on their positions as gatekeepers. She said that in 2013, prior to net neutrality regulations being put in place, six large ISPs started using “choke points” to slow down certain games and and videos, only speeding them up if the hosting websites were willing to pay.

“The ISPs have more money, and they definitely have more lobbyists,” Schewick said. “But that does not mean they get to win. They only win if we are silent.”"

"Thomas Lohninger, executive director of Epicenter Works, another NGO that ran an ostensibly grassroots campaign against the Copyright Directive, says his group worked with politicians from across the spectrum. “You can find allies in all political parties, and if you are working toward the majority, you also have to talk with all of the people and explore all avenues that you can in order to gain a majority. And that's what we did,” Lohninger says. “There are of course the Euroskeptics, that are fundamentally opposed to every type of European legislation or regulation.

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In 2017, the FCC voted to abolish net neutrality protections, which ensure that we, not the companies we pay to get online, get to choose what we do online. This event will explore what we lost, why it matters, and what’s happening with efforts to restore those protections in the courts, the states and Washington, D.C.

Join the FCBA's Northern California Chapter for an engaging discussion with key government, academic, and industry speakers to discuss the past, present, and future of net neutrality policy in California.

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From the First Amendment to net neutrality, How does media regulation affect what we say? The Sixth Annual Rebele Symposium addressed this topic with Mignon Clyburn, Victor Pickard, and Morgan Weiland. Ted Glasser and Christine Larson moderated the event.

Abstract: Behind the hype and tumult of the markets, researchers have been quietly producing a series of exciting results about Bitcoin and cryptocurrencies. In this paper we’ll explain why computer scientists should pay attention to these developments.

When the FCC announced recently that it would adopt new regulations for the Internet – regulations commonly known as Net Neutrality – the announcement was widely cheered by champions of free speech and denigrated by those who feared this was government overreach. One columnist went so far as to say that Net Neutrality would let the government monitor religious leaders and their communications.